NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 380

HOUSE BILL 795

AN ACT TO AUTHORIZE THE COUNTY OF MOORE TO USE THE PROCEDURE SPECIFIED IN ARTICLE 9, CHAPTER 136, IN ACQUIRING LAND BY CONDEMNATION.

The General Assembly of North Carolina enacts:

Section 1. In exercising the power of eminent domain, the County of Moore may, in its discretion, use the procedures provided in Article 9 of Chapter 136 of the General Statutes, or the procedures of any other general law or local act applicable to Moore County.  Provided, however, that the provisions of this section shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c) unless the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the county or, otherwise, first adjudicated after notice and a hearing that such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation.

Sec. 2. This act shall not apply to pending litigation.

Sec. 3. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of May, 1975.